Effective Date: 2/17/2017
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
LOGOTENT MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT LOGOTENT MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, THE EFFECTIVE DATE ABOVE WILL CHANGE. YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
About the Site
Logotent.com is a Website that allows users to design canopies for their own folding tent, or related items. Your design is then incorporated into products and provided by LogoTent to you, the end user. You are permitted to save and modify your designs and share them with others with whom you provide permission.
Your reliance upon any information provided by LogoTent, others appearing on this Website at the invitation or LogoTent, or other visitors or users of this Website is solely at your own risk. You understand that LogoTent is not obligated to provide any maintenance, technical or other support for the Website.
Warranties and Representation
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to LogoTent and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website. Website is operated in the United States and LogoTent makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
Your Designs - COPYRIGHTS AND TRADEMARKS
LogoTent respects the rights of intellectual property (“IP”) holders such as the owners of TRADEMARKS and COPYRIGHTS.
As a registered user of this Site you will have the opportunity to create and save designs for your tent canopy or other products offered by LogoTent. You acknowledge and agree that LogoTent is a service provider only in fulfilling your order and that your designs that you upload or otherwise create or provide LogoTent is user-generated content.
YOU MUST NOT USE OR REPRODUCE IN ANY MANNER ANY TRADEMARKED OR COPYRIGHTED MATERIAL WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE TRADEMARK OR COPYRIGHT HOLDER.
YOU AGREE NOT TO USE OR REPRODUCE IN ANY DESIGN OR WORK STORED ON THIS SITE OR SUBMITTED TO LOGOTENT THROUGH THIS SITE ANY TRADEMARKED OR COPYRIGHTED MATERIAL WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE TRADEMARK OR COPYRIGHT HOLDER.
By submitting your design to LogoTent your represent and warrant that the design is your own work, or that you have express permission for the use of the copyright protected work or trademark of another.
In submitting your design to LogoTent for reproduction and placement on your product, You agree to indemnify and hold harmless LogoTent from any and all claims asserted by a Trademark or Copyright holder or proper licensee of such Trademark or Copyright holder for damages, penalties, costs or attorneys fees related to such claims and as otherwise provided by the indemnification provisions below in these terms of service.
Merchandise Information, Availability, and Returns
The products displayed on our site are available online only. All the product images, descriptive copy and supporting detail information are intended to be guides to assist in providing informative information to the customer in order to make a purchase decision. The guides are developed to be an accurate depiction of the product itself, although slight variances may occur.
As LogoTent orders include printed elements, all return or refund requests will be handled on a case-by-case basis. For any return to be accepted it must be in new, unused and re-sellable condition as determined by LogoTent, accompanied by original packaging. Printed soft-goods or other custom items are not eligible for return or refund. All return or refund requests must originate within 14 days of receiving your order.
Ownership of Website and License
You acknowledge and agree that LogoTent is the owner of, or has rights in and to, the Website and all its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of LogoTent.
LogoTent hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from LogoTent, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content, except for content that You author or create. This license is revocable at any time, and any rights not expressly granted herein are reserved to LogoTent.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. All LogoTent marks are the property of LogoTent, including, but not limited to LOGOTENT, and all LogoTent logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of LogoTent. You are prohibited from using LogoTent’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of LogoTent.
Account Registration; Payment; Termination
You have a duty to ensure that the information that you provide through your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Account if and when that information changes. You are expressly prohibited from creating an Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your Account to interfere with or disrupt a third party’s enjoyment and use of the Website. LogoTent reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
Payment for products purchased through the Website are processed through Stripe, a third-party payment processor. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entityy, including but not limited to any applicable sales tax or use tax. Michigan residents only will be charged sales tax at time of purchase, unless you provide us with a valid exemption certificate. In the event of an audit Logotent may request from you a proof of payment of use tax. If you have failed to pay or provide us a proof of payment of the applicable use tax you agree that if Logotent is charged or assessed for any applicable tax or assessment you will immediately reimburse Logotent all such amounts including any penalties and interest upon submission of such to you by Logotent.
You agree to keep your Account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your Account and all associated User Profiles. You accept full responsibility for any and all use of your Account, whether authorized or unauthorized. In the case of unauthorized access to your Account, you agree to contact LogoTent immediately. You agree to hold harmless and indemnify LogoTent for any damages that arise out of or in relationship to the use of your Account.
By creating an Account, you agree that LogoTent, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
User Generated Content
LogoTent may provide you with the ability to submit user generated content to the Website, which may include, but is not limited to reviews, designs or other works (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. You expressly acknowledge, however, that LogoTent does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant LogoTent a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You represent and warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Content that you submit to the Site. LogoTent acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. LogoTent does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
LogoTent reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. LogoTent also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
Section 230 of Communications Decency Act
You acknowledge and agree that LogoTent is an interactive computer service provider under Section 230 of the Communications Decency Act. Though LogoTent may edit, remove, or control the content displayed through the Website, you agree that LogoTent will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that LogoTent does not own or control. You agree that LogoTent will not be held responsible or liable for the content of third party websites, applications, or services and that LogoTent’s inclusion of those websites, applications, or services within its Website does not constitute LogoTent’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
LogoTent does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of LogoTent and are not intended to be used for advertising or product endorsement purposes.
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing LogoTent’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to LogoTent by sending an email to info@LogoTent.com.
Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. LogoTent may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Disclaimer of Warranties
LOGOTENT DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED WITH YOUR PRODUCT OR SERVICE, LOGOTENT PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
LOGOTENT WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. LOGOTENT IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. LOGOTENT RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
LOGOTENT WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
Limitation of Liability
LOGOTENT WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT LOGOTENT CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1000. IF NO AMOUNT IS PAID BY YOU TO LOGOTENT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST LOGOTENT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. LOGOTENT IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRODUCT AVAILABILITY, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend LogoTent, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend LogoTent under the terms of this Agreement will not provide you with the right to control LogoTent’s defense, and LogoTent reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify LogoTent.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. LogoTent may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Michgian without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against LogoTent or the Website, shall be adjudicated in any state or federal court in Grand Traverse County, Michigan. You agree that any claim or dispute that you may have against LogoTent or the Website will be exclusively resolved through arbitration.
YOU AND LOGOTENT AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES OR PRODUCTS FROM LOGOTENT, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN TRAVERSE CITY, MICHIGAN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHGIAN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND LOGOTENT AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF MICHIGAN. YOU AND LOGOTENT AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and LogoTent will not knowingly collect personally identifiable information from children under the age of eighteen (18). If LogoTent inadvertently collects such personally identifiable information, LogoTent will delete the personally identifiable information in accordance with its security protocols.
Limitation On Actions
LOGOTENT AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to LogoTent.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
2662 Cass Rd
Traverse City, MI 49684
A copy of any such notice must be emailed to info@Logotent.com, but email notice alone shall not comply with the notice requirements of this Agreement.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.